Aristotelian Foundations of Legal Theory and Methodology
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Defining Legal Rules: An Aristotelian Perspective
A primary perspective of a legal rule can be obtained from its definition, provided by the Aristotelian-scholastic mold. The definition represents the expression of the essence of a thing and should include an indication of the general category to which it belongs, in addition to the features that distinguish it from other realities within the same category.
Systematic Frameworks in Legal Institutions
Facing a legal institution through its definition contributes to framing it within a systematic, "regional" context. The definition involves the formation of generic concepts—such as legal relationships or legal business—which were unknown to Roman dogmatics, where legal concepts were often treated... Continue reading "Aristotelian Foundations of Legal Theory and Methodology" »